GARDNER v. BANK OF PINEHURST


35 F.Supp. 727 (1940)

GARDNER et al. v. BANK OF PINEHURST.

District Court, M. D. North Carolina.

October 4, 1940.


Attorney(s) appearing for the Case

P. A. Murray, Jr., of Cheraw, S. C., James E. Leppard, of Chesterfield, S. C., Herbert F. Seawell, Jr., of Carthage, N. C., and B. M. Covington, of Wadesboro, N. C., for plaintiffs.

Knight & Arant, of Chesterfield, S. C., and U. L. Spence, of Carthage, N. C., for defendant.


HAYES, District Judge.

Each of the plaintiffs instituted an action against the defendant to recover $12,500 damages for malicious prosecution. Each plaintiff is a citizen and resident of South Carolina and the defendant is a North Carolina banking corporation, chartered under the laws of North Carolina, with its principal place of business at Pinehurst, in the Middle District of North Carolina.

A pretrial conference was held in Rockingham, N. C., September...

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